Illegal vs Legal Non-conforming ?

[jay trotta]

I remember nephew glenn's post 2 years ago thar explained the distinction. I was advised by 2 2 jurisdictions that an improvement had to have been legally permitted when built to be "legal non-conforming" at present. The FNMA form page 1 Zoning Compliance offers 4 alternatives. If the permit starus is not a factor, would the Form ever be used if any of the last 3 options are selected?

GH is correct per HBU- "legally permissible", but you are also correct as to when the dwelling was built and its legally permitted use at that time. Therefore, the question refers to a back in time date of original construction and zoning compliance at the time.

While zoning standards (per municipality) change over time, the need for compliance would relate the building date (zoning compliance as of that date) of any improvements. Additions/Alterations are subject to zoning at the period in which they were built. You may also find Health & Safety standards may be applicable to the addition/alteration as of date.

 

[ZZGAMAZZ]

GH is correct per HBU- "legally permissible", but you are also correct as to when the dwelling was built and its legally permitted use at that time. Therefore, the question refers to a back in time date of original construction and zoning compliance at the time.

While zoning standards (per municipality) change over time, the need for compliance would relate the building date (zoning compliance as of that date) of any improvements. Additions/Alterations are subject to zoning at the period in which they were built. You may also find Health & Safety standards may be applicable to the addition/alteration as of date.

=Well in all sincerity i sure learned a lot today and appreciate the AF... and need to ask what IMO is a logical question: Does the same rationale apply to the "legally permissible" aspect of the HBU analysis? I presume so but if so, why doesn't the 1004 page 1 zoning compliance checkbox indicate "legally permissible" rather than "legal?" Also wondering whether the industry forms should include a checkbox for "legally permitted" as well as "legal" if "legal" pertains to legallyay permissible:? Although form construction is a different animal to fry. But thanks all..as I try courageously to avoid asking whether I am the ONLY appraiser of 10,000 who fails to understand basic issues like this...although the sage advice that one learns throughout life is "never ask a beautiful woman a question about her feelings for you, unless you are prepared for any answer." And if were only...things woulda been different...

 

[glenn walker]

I remember nephew glenn's post 2 years ago thar explained the distinction. I was advised by 2 2 jurisdictions that an improvement had to have been legally permitted when built to be "legal non-conforming" at present. The FNMA form page 1 Zoning Compliance offers 4 alternatives. If the permit starus is not a factor, would the Form ever be used if any

3.6 will solve the dilemma.